( 1. ) THIS is employers appeal under Section 30 of the Workmens Compensation Act, 1923 (hereinafter referred to as the Act) against the order dated 31. 3. 1981 passed by the Commissioner for Workmens Compensation, Thehdol, in Case No. 20 of 1979 awarding a sum of Rs. 3,528/-as compensation for employment injury suffered by the respondent on 24. 8. 1977.

( 2. ) THE respondent in his application filed before the Commissioner for Workmens Compensation at Thehdol claimed that he was employed as a workman with the appellant on a monthly wage of Rs. 150/ -. It was his case that on 24. 8. 1977 at about 11 hours while at work, he suffered injury because of a fall of earth on him and became unfit for employment. The appellant in its written statement admitted that the respondent was a workman employed by it but denied that on 24. 8. 1977, he was in employment or suffered any injury during the course of employment. Its case was that on 24. 8. 1977, the respondent remained absent and therefore, his services were terminated. It, therefore, denied its liability to pay the compensation. It was also its case that no notice of the accident as required under Section 10 of the Act was give